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In POM Wonderful LLC v. The Coca-Cola Co.,134 S. Ct. 2228 (2014) (No. 12-761), the Supreme Court held that a private party may bring Lanham Act claims against its competitor challenging food and beverage labels that are regulated by the Food, Drug, and Cosmetic Act (FDCA). Plaintiff POM Wonderful sued Coca-Cola, alleging that the name, label, marketing and advertising of Coca-Cola’s juice-blend drink misled customers into believing that the product consisted predominantly of real juice. The district court granted summary judgment in favor of defendant, holding that the FDCA and its regulations precluded private Lanham Act suits, and the Ninth Circuit affirmed. The Supreme Court reversed, finding that nothing in the text, history or structure of the FDCA or the Lanham Act shows that Congress intended to forbid such suits. Rather, the absence of such express textual provisions, coupled with the fact that the FDCA and the Lanham Act have coexisted for over 70 years, is “powerful evidence” that Congress did not intend FDA oversight to be the exclusive means of ensuing proper food and beverage labeling.

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